Next step in e-toll battle - Outa

Pretoria - The next step in the legal battle against e-tolling will be to secure a full record of how the R20bn decision came about, the Opposition to Urban Tolling Alliance (Outa) said on Saturday.

"We are entitled to ask for the record as to what was before the [transport] minister when he made the decision," Outa chairperson Wayne Duvenage told reporters in Pretoria.

"We will go to court to get a full record."

The North Gauteng High Court in Pretoria granted an urgent interdict on Saturday to halt the contentious e-toll project in Gauteng.

"People are held captive by the toll roads," said Judge Bill Prinsloo, delivering judgment on Outa's application.

"I make the following order... the first respondent [SA National Roads Agency] is interdicted and restrained from levying and collecting tolls," said the judge, to an applause in the public gallery.

Court review

After being postponed five times, the e-toll system will now have to wait for the outcome of a court review.

Duvenage said it could take two to three months before the review started.

Outa's lawyer Pieter Conradie said Saturday's win was legal history.

"History was made for the people of South Africa," he said.

"Government must realise the court is there to protect people and government must realise they serve the people and not the other way round."

Duvenage said Outa appreciated the support the organisation had received.

There were times when he thought it was "far too big a mountain to climb" and take on government.

"It's incredible to have the weight of the nation on your side. I would hope government would be able to sit back and see what happened here," said Duvenage.

Financial strain

In his judgment Prinsloo said that while he realised the ruling would put financial strain on Sanral, it was clear that many South African citizens would suffer financial hardship if it went ahead.

Prinsloo said he was aware that there must be thousands, if not tens of thousands, who must use the toll roads and would suffer financially as a result.

He also bemoaned a lack of good alternative transport.

Prinsloo said he had "carefully considered" the arguments brought by all parties in the case this week.No fewer than 19 lawyers were involved in the matter and 2 500 filed.

The judge believed that Outa had made a prima facie case for a review of the e-toll project.

Outside court, two men protesting against the tolls were sitting on deck chairs, wearing suits.

Both were holding "newspapers" and placards read: "The high price of freedom benefits who?" and "Politics of this country are like fish and chips".

Between the chairs was another poster that stated "We wouldn't kill for [President Jacob] Zuma".

Cosatu protests

The roll-out of the tolls has seen resistance and protests from several quarters, including the ruling African National Congress' tripartite alliance partner, the Congress of SA Trade Unions (Cosatu).

Cosatu general secretary Zwelinzima Vavi this week warned, in an interview on SABC radio, that the implementation of e-tolling would have "serious repercussions at a political level".

"We are quite determined to convince them it will make no political sense at this stage to proceed with such an unpopular policy," Vavi said on Thursday morning, shortly before he went into a meeting with the ANC on the matter.

The ANC later announced that e-tolls would be delayed by another month.

It was initially scheduled to be implemented on Monday, 30 April.

Collecting costs exceeding cost of road improvement

Prinsloo said the announcement had no bearing on his judgment.

This week, National Treasury warned that halting the e-toll project would have "serious negative implications for future financing of roads and investment in public transport".

However, Outa lawyer Alistair Franklin argued that the system was unreasonable as it had disproportionate costs attached to it.

"Collecting costs are exceeding the cost of improvement [of the roads]," he told the court.

Sanral recently irked motorists further by announcing that those who did not register for e-tags on the 185km of tolled highways would have to pay a higher punitive rate.

The agency cited costs associated with recovering payment, including invoicing and debt collection, as reasons for the R1.75c punitive tariff per kilometre, compared to the standard tariff of 30c/ kilometre for registered users.

Prinsloo's judgment was widely welcomed, with both the opposition Democratic Alliance and Cosatu applauding it.

The transport department said it respected the decision but would study the ruling thoroughly to decide on the "next course of action."

Comments

Izak Furstenberg - 2012-04-28 23:11

As I mentioned elsewhere: The whole Gautrain costed 24bn. So how can a piece of slapped together tar cost 20bn. Jo'burg just had a thunderstorm. Drive between William N and Maraisburg off-ramps and count how many times you almost skid on pans of water not draining properly.

sally.lewitt - 2012-04-28 23:57

Just think.. R20bn could of fed, housed, healed AND educated MANY, MANY people..

Kobus - 2012-04-29 00:36

True that hey, and I didn't see them digging tunnels under the ground and building entire train stations and long ass bridges in the GFIP. I smell a rat.

jrheeder - 2012-04-29 01:15

20 000 000 000 Rand to build a 185km highway is absolutely laughable. Out a will no doubt bring those who profited to book, the only problem is, those that benefited are nearly going to get their prison sentences repealed Ala shaiky and selebi.

Juicecard - 2012-04-29 05:59

@Izak,true that. In actual fact it was an improvement of already existing infrastructure unlike the gautrain which was developed from scratch.This is daylight robbery and Scamral should be taken to task. Viva OUTA!!!!!!!!!

Sharon - 2012-04-29 08:01

@ Leonard, I did a quick sum, and 20 billion equates to R 108 000 000 per km. Could that be right?

Dave - 2012-04-29 08:45

MTN news flash, Engineering companies question the implication of the court ruling on construction-- so the job is still not finished and we must pay full price-- does the consumer act cover this as we are the consumers being made to pay for an incomplete service ???

Arthur - 2012-04-29 09:29

I think when Sanral's tolls are booted it will be like the 1995 Rugby World Cup, where SA stood together, cheered like a nation together. It will be a historical moment because this time it's not a game but we're standing against corporate tyranny instead. As a Kaapie I am super proud of Gauteng for being so strong, and I salute all the other provinces who stand with them in their fight. Well done Outa and Mr.Franklin for fighting for us!

Jackie - 2012-04-30 10:18

Thing is that the roads already existed too! Not like they had to construct from scratch, build bridges etc. Sure they widened some of the roads in places but definitely not rebuilt them!! When you pay tolls for routes to KZN, Limpopo & Nelspruit those roads were built from scratch. The old roads are still there - not well maintained - so you have a choice to go on the nice toll road & pay or go on the old roads. No such option here. All of us have been paying for these SCAMRAL roads as long as we have been driving. BS to tell us to pay tolls now too!

it would be very interesting to know how much of the R20 billion was actually spent on the upkeep of the road and how much SANRAL spent on all tomorrows scrap metal erected on our motorways.

Lizette - 2012-04-28 23:55

I would just like 2 know where Outa thinks government/Sanrail is going 2 get the money back from, which they have already wasted on this poorly thought through project. Watch the fuel price........ They gonna get it back from all of us. Personally, I would like every person in SA 2 go on strike about the fuel prices! Now there's a cause worth fighying 4!

George - 2012-04-29 04:36

SASOL was created from tax money I and millions of other South Africans contributed. Its now a public company making super profits for shareholders. It is time the original investors began to see dividends on their investment. i.e. nationalize the SA operation of SASOL, guaranteeing healthy but reasonable profit. You will then see our oil price reach more acceptable levels. Of course, the will to do this is totally lacking in the present rapacious government.

Arthur - 2012-04-29 09:40

Thanks George I didn't know that about Sasol.

Press - 2012-04-29 09:58

@George - the problem here is where did all the money go when Sasol was privatised (and where is the audit of this) and secondly were all South Africans given a fair chance to buy shares when it was privatised.

tdiedericks - 2012-04-29 00:00

The idea of toll roads I not new!! The cost however is exorbitant. 5c a kilometer????

Burtfred - 2012-04-29 08:45

5c per kilometer is not worth collecting. The cost of the admin will exceed the income generated.
Now that the "government" if they can be called that, have wasted the money, they expect the average citizen to pay it back in order to protect civil "servants" (which most are not) pensions.
This entire project has been handled so badly by comical turnaround Ali and his 40 thieves, the entire bunch right up to the minister of transport and the premier of Gauteng should be fired and criminally charged with gross negligence or indeed, fraud.
But this is South Africa and they won't be.

Press - 2012-04-29 10:02

@Burtfred - But if we as citizens can organise ourselves accross political boundaries to mobilise resources to legally challenge clearly corrupt decisions that benefit only a few elites - then it would be possible to take these matters on - and the tool to mobilze exist - the internet - like in the Arab spring revolutions.

Heather.Pansegrouw - 2012-04-29 00:00

Despite the Department of Transport acknowledging that people in wheelchairs are forced to use the roads because government has failed to provide transport that can be accessed by people in wheelchairs the same Department of Transport has not even exempted wheelchair users from paying the toll fees!!

Arthur - 2012-04-29 09:43

And half the people in wheelchairs are probably cripples thanks to the taxi's - who get a free ride.

adrien.mcguire - 2012-04-29 00:01

I am fascinated to understand how the ANC is/was involved in delaying the implementation of the E Tolling. These proclamations can only be made by the government. All the Parties that win seats make up the parliament, that ratify the government decisions. The ANC cannot make these decisions.
On this basis , I figure there is something fishy going on in this project. I hope they get to the bottom of it, and prosecute !

Brad.Kopping - 2012-04-29 00:33

Adrien how long did it take you to figure out the cANCer had something to with this??

valcooperRSA - 2012-04-29 03:49

isnt the ..anc and the government the same thing.......gov is run by anc
we have an anc government

Keith - 2012-04-29 08:02

Val, and we do not have an effective parliament.

dave.prinsloo - 2012-04-29 00:21

next there's the R300billion nuclear timebomb they want to bless us with. TIA

Alf - 2012-04-29 07:37

I am for it, as long as they build it under the UNION BUILDING!

Keith - 2012-04-29 08:04

No Alf, Luthuli House.

Vince - 2012-04-29 10:12

and R350 bn to fix the deteriorating water problem.

nisaar.ally - 2012-04-29 00:28

Well done to the team that supported OUTA and the stopping of the e-tolls until we as citizens are happy. btw just heard the e-tags are on a discount on some g*oup*# site less 75% if purchased before mid day Monday, proceeds go to Sanral Counsel & Austria.... hahaha .... Well Done OUTA

valcooperRSA - 2012-04-29 03:53

i still cant figure it out why austrians are running this e-toll what happened to local is lekker.....or are the intelligent people that could run it..tooo honest and wont fall in line with corruption..or is there no one intelligent enough to do it.....I smell corruption all the way

Arthur - 2012-04-29 09:46

Valcooper - it's because that company in Austria is the same one involved with the corrupt arms deal (you know, the one our current president is implicated in, and the one Shabir got away with basically). So no doubt there's a big can of worms waiting to explode. I can't wait for Sanral to be exposed for the scum they are.

Koos - 2012-04-29 11:18

For your information, a division of Kapsch, Kapsch Sweden was formerly known as Saab Aerospace, an equal shareholder with British Aerospace in SANIP. SANIP is allegedly the conduit through which multi-million rand commissions were paid to Fanu Hlongwane and Joe Modise in the Gripen fighter portion of the SA arms deal in the 1990s. But it is only speculation that re-use of these payment channels is the real reason for the monomania shown towards e-tolling.

Jayson - 2012-04-29 01:06

Give Duvenage and his team a Bells.

Glyn - 2012-04-29 16:18

A Bells and Cake!

seanpresherhughes_1 - 2012-04-29 01:40

This is good news for now! :-)

flinkjon - 2012-04-29 02:15

Hope the ANC will respect this ruling.Always talking to the masses of freedom.This is why they have talks to change the constitution.Subliminally pave ways to put in toll roads.Making a bait of their very own people that voted them to power.A business plan that never took a full risk assessment!!!The whole impact it will have on the environment and the stress effect of the poorest left behind.I believe they already worked on the spreadsheet the profit involved while the cost is borne by the nation.

Arthur - 2012-04-29 09:48

If they get to change the constitution and implement the Secrecy Act then we are doomed. I hope SA stands together to fight it like we're standing together now against Sanral and their corrupt toll systems.

Adam - 2012-04-29 02:59

Now that sanral has had a day in court, what about zuma. He always said he wanted his day in court.

George - 2012-04-29 04:24

If the government is serious about protecting the criminal elite they will have to pass the secrecy bill soon to safeguard the putrid history of the SCAMRAL deal, and if the SA citizens wish to preserve their freedom they will study the constitution and draw a thick line in the sand and hold government accountable for corruption and maladministration. Strong laws exist against waste of public funds. All those associated with this caper must be identified, prosecuted and if necessary persecuted. Their psychotic mentality was heard loud and clear in their arguments before the court. Nothing but exile from public service is good enough for people like that. OUTA deserves the support of every free South African.

sisasenkosi.maseko - 2012-04-29 04:30

Those are just e-thieves,there is nothing like e-tolling,i am 100% against it ,OUTA,ajob welldone

Peter - 2012-04-29 05:37

Dof question....who pays for the costs of this Court case ? 2nd Dof question......should Gauteng motorists not give a donation to Outa ?

Vickers - 2012-04-29 07:28

Peter you can show your support by signing up at http://www.outa.co.za/support-us/ "By signing up, you are not obliged or compelled to contribute any funds toward this cause. Your support merely lends weight to this cause."

Arthur - 2012-04-29 09:51

Thanks Vickers, I signed up in support.

Press - 2012-04-29 10:11

Yes c'mon Outa - set up a repository that complies with all the legal requirements in respect of VAT and Taxes and appoint an independent firm of reputable auditors to audit it and report in public (Any auditing firms volunteering ?). Many want to donate to enable you to mount a proper legal challenge - expert witnessess are going to cost a packet.
And do it publically - so that it can become a model that can be copied by others in future campaigns that enjoy broaad public support.

Jayson - 2012-04-29 10:38

@Vickers. Thanks for that. I will sign up. But I also want to contribute towards the organization. They did us a thumbs up. And I'm sure the legal fees are going to be pretty harsh. Let's stand together guys.

hellodanie - 2012-04-29 06:14

I think if we were not all so sick of bad service delivery, we would have been ok with paying this. I am just so sick of paying taxes to a government that is seemingly getting more corrupt daily. Just like the Kings of old over-taxing their citizens in turn for less protection and services. 'Night before last I arrived at an accident scene where someone was killed, phoned the police, who of course did not even pick up their phones - like most state departments one tries to talk to. What do we pay taxes for?

John - 2012-04-29 08:16

Exactly right and Im sure every single law abiding, tax paying South African feels exactly the same way! The cANCer that is running this country into the ground is an absolute disgrace and we can only pray that as their theft and corruption gets worse and their service delivery dwindles to zero, so too will their support at the polls!!

Travis - 2012-04-29 06:37

@ANC The government serves the people, not the other way round

Arthur - 2012-04-29 09:52

Absolutely true, sadly the ANC doesn't think so.

Jayson - 2012-04-29 06:44

I really like those blue lights that hang on the SCAMRAL gates. I few of them will look good around my pool. Who can I phone to get some??????

Shilly Maelane - 2012-04-29 08:26

Lol

Koos - 2012-04-29 11:33

Nazir Ali. The more you take the cheaper it gets.

Kevin Nicklin - 2012-04-29 07:13

I have never seen a news topic whereby all the news24 users are harmonious together. Maybe OUTA should consider a political career! :)

Bester - 2012-04-29 07:20

100% against de e-organised crime. we were supposed to b served not robed.

Nomcebo - 2012-04-29 07:40

phambili Outa phambili!!!!!!!!

Roger - 2012-04-29 07:44

Have the thumbs downers who were so active yesterday gone on strike or just having a rest

Toofaan - 2012-04-29 09:18

Sanral is not working today.

Grace - 2012-04-29 09:27

They've been retrenched

Thamsanqa - 2012-04-29 07:47

one question I've been asking myself is \ How could those things cost 20bn\. Something its not right there...... I smell corruption some where some how.

Hein - 2012-04-29 08:22

Its easy,one for you two for me.This is South Africa friend

Lacrimose - 2012-04-29 16:36

When it was originally proposed it was R6bil, then it went up to R14 bil, then R17 bil. They stopped at R20 bil because it seemed like a nice round number. How it jumped all those prices has been a secret up until now. We have not been allowed to see the documents.

Musawenkosi - 2012-04-29 07:48

This is the way the forward people of South Africa, the challenges are just challenges to all of the inhabitants of the this land. Time is not far when the electorate will chAnge and this happen it will like Tsunami and no body will be able to prevent this thing because at the moment we rely on the elasticity of human patience to cope with all this twaddle.

Mark McDonogh - 2012-04-29 08:13

True! But the fact still remains that the government that is in power has been put there by the people who vote them in. If one votes for what one knows is corrupt and self-aggrendsing, we as voters become guilty of the same crime as we give freedom to corrupt leaders to continue their destruction.

Glyn - 2012-04-29 16:36

Just vote DA or any other opposition party and get these crooks out of government! anc voters are guilty of putting these crooks in, do not vote anc any more!

Judy - 2012-04-29 08:07

20 billion seconds = 620 years!

Zebedee - 2012-04-29 08:07

LORDS OF THE BLING : 1st book arms deal saga
: 2nd book e- tolls featuring sanral ( to be released
soon)..................

Hein - 2012-04-29 08:28

The arms deal will be swept under the carpet,i bet you two jounior chease burgers and a medium coke from mc Donalds,thats going to happen,vote Ramapoza in and 80% of problems will be solved.

Burtfred - 2012-04-29 08:53

@ Hein,
I doubt if Ramaphoza would want the job.
He's too smart and wealthy to go back into politics, unlike his comrade Sexwale, who is neither.

wisemadm - 2012-04-29 08:09

Scamral can give those cameras to transport department so that they can use them to monitor stolen vehicles and they can also link them to cctv cameras on the high ways and high way patrol police .They must scrap their concept of e-tolling since we are not prepared to pay for our own roads which we already paying for it every month.

Hein - 2012-04-29 08:13

It a strange strange world we live in....,the ANC voted against government.?In for a penny in for a pound

Mike Purchase - 2012-04-29 08:23

Well said shadreck.

Sefako - 2012-04-29 08:26

Rea vaya was supposed to be running with its dedicated lane before the scamral implemented the e-thugs. But no, the government decided to subsidize their corrupt contracts with our highly taxed disposable income.\r\nPeople are starting to see beyond your promises.

vandenberg.guy - 2012-04-29 08:47

SCAMRAL is saying that the upgrading of Gauteng roads cost R20 billion. 185Km of existing roads where wided. That works out to a cost of R108 000 000 per kilometer or R108 000 per meter of road works. Wow!!! Paved with gold?

Zengfuey - 2012-04-29 17:20

Agreed. They did build a number of impressive bridges at the interchanges and on and off ramps though...but the guys who layered the tar did a shoddy job. Water does not drain off the surface properly. With Gauteng becoming wetter than a baby these recent years that will contribute to a lot of accidents.

Jonny Lee - 2012-04-29 08:48

Did corrupt people vote this corrupt government in? it certainly wasnt taken by force. Shows that majority of voters are thugs just as the people they chose to protect them.

Grace - 2012-04-29 09:42

Jonny... ALL the people in this country have stood united for probably the FIRST time ever! We really don't need your unnecessary and destructive comments! Get with the program

zipho500 - 2012-04-29 10:26

Johnny Troll!

Marina - 2012-04-29 09:35

"We are entitled to ask for the record as to what was before the [transport] minister when he made the decision,"
3 guesses to what was before the minister of transport!

Pieter Mulder - 2012-04-29 09:41

SANRAL - From an Australian Newspaper on South Africa E-Tolls
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"The deal between Sanral and Kapsch of Austria, the e-tolling operating company is not with the corporate entity, but with Kapsch Sweden.
Kapsch Sweden used to be SAAB Aerospace, a 50% shareholder in a company called SANIP. British Aerospace held the other 50%. SANIP is alleged to be the payment vehicle used by SAAB and BAE to pay the alleged bribes of around R100Million in the Arms Deal saga to ensure that the Gripen fighter was chosen.
The names Hlongwane, Modise, ANC, Zuma, Shaik figure prominently in the list of alleged recipients.
So why Kapsch Sweden, not the corporate entity? I leave it to your imagination.
How much? According to the corporate structure used to implement e-tolling in SA, about 80c of each rand of profit can be repatriated to Austria via Sweden. Gauteng alone expects to generate about R350Million a month in toll fees.
Assuming a very conservative 10% profit available to be repatriated, that means about R28Million a month to go overseas"

Pieter Mulder - 2012-04-29 09:43

Personally I think these figures are very discrete.

Vutomi Maswanganyi - 2012-04-29 14:27

wow that was an opening eye for me as starter into political factors affecting our country....informational

Pixie86 - 2012-04-29 09:49

see what we can achieve when we work together as a nation?

Scouter - 2012-04-29 10:07

I don't wish to over-dramatize but the ever growing groundswell of anti-government sentiment - across the board by all account - because of ANC corruption, mismanagement and totalitarian mindset is exactly the type of groundswell that led to the 'Arab Spring'. A year or so ago not many would have thought that was possible, in their wildest dreams. SA is on a knife edge - especially with one or two very unpredictable loose cannons rolling around on the political deck, right now.

John - 2012-04-29 11:01

Maybe the whole etoll/scamral fiasco is exactly what this country needed for every South African, black,white,yellow,pink and blue to stand up together and finally say ENOUGH IS ENOUGH - ITS TIME TO STOP THE ROT OF cANCer that is infecting every aspect of life in South Arica!!
See page 8 of the BusinessTimes in the Sunday Times today - South Africa had the highest number of fraud cases in the whole of Africa,reported in 2011, we even managed to beat Nigeria!! What an achievement!

Glyn - 2012-04-29 16:47

The next big story will be the Secrecy Bills. Stop TOTALITARIANISM! Stand together! Vote opposition!

Slim - 2012-04-29 10:39

That would be easy to find out about the 20bn... first stop is Jimmy Manyi, Jeff Radebe and Sbu Ndebele... ask Thuli to help

Hein - 2012-04-29 12:43

Its easy,get KPMG to do a audit on SANRAL

leonard.nel - 2012-04-29 11:34

According to pravin gordhan (however you spell his name), the poor won't have to worry as the e-tolling would not have any effect on them... Is 2014 too far off to remember what happened in 2012? Will people easily forget about this cANCer problem? Also the gangrene (also known as gantries) on the highways (we can call them freeways now) should be removed. If you vote for the anc you are happy with what they are doing and you are contend with your life, whether you live in a shack or big house, have a job or not. eskom also need to be looked into...

flysouth - 2012-04-29 11:38

When millions are crying out for upliftment, millions have no running water or sanitation but this so-called government squanders billions of an unwanted and unnecessary road improvement scheme what should one call such a government?
In my view one should call them traitors to the people of SA and the time has come that they should all - the entire cabinet - be held accountable for their treasonous acts which have the effect of leaving those desperate for the basics of life high and dry as money is diverted from real and pressing issues - and which bring this country closer to an uprising.
The ANC should take this 'people's verdict' as salutary advice to cease and desist their grandiose, self-enriching schemes and to focus firstly and solely on those things that matter in putting the lives of millions right by providing the basics to begin with.
If they do not do this, I am quite sure this country will burn.

Pieter - 2012-04-29 11:51

Now they, Sanral, wants the motorist to pay , through levies, for their poor business acumen. Sanral and the goverment should pay for it by itself and leave the motorists completely out of the equation.

Cheslin - 2012-04-29 12:11

seize the assets of those involved in this e toll scam. That will cover the “costs”. Think of how many battling sa citizens lost property, fixed and other, when interest rates and fuel price was hiked repeatedly. Vote these scoundrels out sa.

Hein - 2012-04-29 12:28

Get KPMG to do a full audit on SANRAL,NOT TD

Raul - 2012-04-29 13:11

Congratulations to all that opposed this High Way Robbery and particularly to OUTA. Well done!

Phillys - 2012-04-29 13:38

under the criminal ANC regime, the primary motivation for these sort of projects is firstly to line their own pockets. All other considerations are secondary.
Unfortunately Mr Duvenage, the shredding machines are working overtime at narzir alli's (baba & the 40 thieves) place this weekend.

Hein - 2012-04-29 14:34

You must see what happend to the money market funds,billions involve,\they\ whent on a big djol,today together forever, thers no tomorrow. Expenses to manage fees.

Glyn - 2012-04-29 16:02

Fight the e-tolli disease! Vote for the opposition!

Zengfuey - 2012-04-29 16:56

Treasury,Transport, Sanral and economists are worried about the huge debt burden this will have on taxpayers. The minister of finance encourages all to save and get out of debt and to stop buying on credit. What a POOR example the minister of transport, Sanral, treasury set, because they decided to use debt to finance this project. Did they think we would be on a hosting the swc euphoric high permanently? So we, the taxpayers and road users will just pick up this tab while they go onto the next spending spree?

martie.lottering - 2012-04-29 17:05

It cost a million rand just to put tar on the road, that is not the cost of preparing the road for tar, so multiply 185 with 1 million!